Martin ex rel. M.T.G. v. Colvin
| Decision Date | 25 April 2016 |
| Docket Number | No. 14 C 9048,14 C 9048 |
| Parties | KENYETTA MARTIN, o/b/o M.T.G., Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER1
Plaintiff Kenyetta Martin, on behalf of her minor son, M.T.G. ("MG"), has filed a motion for summary judgment seeking reversal or remand of the final decision of the Commissioner of Social Security ("Commissioner") denying MG's application for disability insurance benefits ("DIB") (doc. # 19). The Commissioner filed her own motion seeking affirmance of the decision denying benefits (docs. # 29, 30). For the following reasons, we grant Ms. Martin's motion and deny the Commissioner's motion.
We begin with the procedural history of this case. Ms. Martin applied for DIB on her son's behalf on July 21, 2011, alleging that MG became disabled on May 10, 2010 as result of his various disabilities, which include Attention Deficit Hyperactivity Disorder ("ADHD"), a Learning Disability, and Generalized Anxiety Disorder ("GAD") (R. 20). The application wasdenied initially on October 4, 2011, and upon reconsideration on February 15, 2012 (Id.). Upon timely request, a hearing was held before Administrative Law Judge ("ALJ") James D. Wascher on February 13, 2013 (R. 46-77). The ALJ issued an unfavorable decision on July 24, 2013, finding that MG is not disabled (R. 20-39). The Appeals Council then denied Ms. Martin's request for review, making the ALJ's ruling the final decision of the Commissioner (R. 1-3). See Shauger v. Astrue, 675 F.3d 690, 695 (7th Cir. 2012).
We proceed with a summary of the administrative record. Part A briefly sets forth MG's background, followed by his medical record in Part B and his mental health record in Part C. Part D discusses the testimony provided at the hearing before the ALJ, and Part E sets forth the ALJ's written opinion.
MG was born on July 13, 2002 and was ten years old at the time of the hearing before the ALJ. He lives with his mother and attends elementary school. MG's father died in 2007. MG was diagnosed with ADHD in 2010 and was given a prescription for Concerta at that time. The dosage of Concerta has been adjusted upwards twice since MG's initial diagnosis. MG also has been diagnosed with a learning disorder and anxiety. He has switched schools numerous times, struggles with his core subjects (especially math), receives special education services, and has a limited social circle.
The relevant medical record begins on May 12, 2010, when notes from Rush Pediatric Primary Care Center ("RPPCC") reflect that MG was screened for ADHD at a community clinic. At that time, a medical doctor at the clinic diagnosed MG with ADHD and started him on theprescription drug Concerta, at a dosage of 18 milligrams ("mg") (R. 412). RPPCC notes from January 3, 2011 state that MG had been followed by a Dr. Thomas, but that Ms. Martin wanted a referral to a new specialist (R. 321). The doctor who examined MG on that day, Dr. Ian Macomber, noted that Dr. Thomas had recently increased MG's Concerta dosage to 27 mg, and that Ms. Martin felt that this dosage was more effective (Id.). Dr. Macomber also noted that Ms. Martin had been seeking an Individualized Education Plan ("IEP") from her son's school, but that the school had not agreed to provide one (Id.). Dr. Macomber noted that MG was in the third grade and was receiving poor grades, including failing marks in listening and reading (R. 322). Dr. Macomber referred MG to Dr. Cesar Ochoa for management of his ADHD (R. 323).
On May 17, 2011, MG underwent a developmental behavioral pediatric evaluation with Dr. Ochoa at the request of Ms. Martin, who was concerned about her son's ADHD, academic difficulties, and behavioral challenges (R. 510-11). Dr. Ochoa noted that MG had been receiving counseling services for the past eight or nine months through the Mind Center, and that a counselor there had diagnosed him with depression (R. 510). Ms. Martin told Dr. Ochoa that ever since kindergarten, her son had been described as off task, hyperactive, and a slow learner, with a history of academic underachievement (Id.). While the Concerta slowed him down and he was able to participate and learn more in school, Ms. Martin noted that her son was failing in reading, was painstakingly slow in writing, could not count money, and had difficulties with multiplication (Id.). She stated that MG did not seem to listen when talked to and that he frequently "shut down" conversationally, but that he interacted well with children at school and did well in sports (R. 511). Dr. Ochoa noted MG to be serious, quiet, and cooperative, but with a depressed mood and a "history significant for hyperactivity, impulsivity, and inattention" (R.511). Dr. Ochoa's diagnostic impressions were: ADHD, academic under-achievement, and suspected mood disorder/depression.
On June 21, 2011, Michelle Greene, Ph.D. and Michael Nelson, Ph.D., of Rush University Division of Pediatric Psychology, examined MG and completed a psychoeducational evaluation that involved the administration of numerous aptitude tests, as well as caregiver and teacher questionnaires and a neurodevelopmental test battery (R. 553-82). Testing conditions involved two sessions over two consecutive days, each lasting 2.5 hours, for which it is notable that on the first day, MG failed to receive his daily dose of Concerta, but that on the second day he was medicated (R. 535-56). The examiners' subsequent report noted that MG was eight years old at the time of testing, had recently completed the third grade, and was described by his mother as having a history of inattention in school and at home: his homework could take him up to four hours to complete due to slow handwriting, the need for redirection, and a lack of persistence (R. 554).
Turning to the results of the evaluation, Drs. Greene and Nelson observed that with respect to intellectual functioning, MG had a full scale intelligence quotient ("IQ") score of 74, which placed him in the "borderline" intelligence range and at the fourth percentile as compared to his peers (R. 556). His verbal comprehension score was 87 (19th percentile, "low average" range); working memory was 86 (18th percentile, "low average" range); perceptual reasoning was 77 (6th percentile, "borderline" range); and non-verbal processing speed was 68 (second percentile, "extremely low" range) (R. 556-57).
MG's performance on measures of verbal comprehension scored within the broad average range, while his comprehension and expression of social judgment scored in the low average range, around two years below expectation (R. 557). His performance on perceptualreasoning or nonverbal subtests ranged from 1.5 to 2.5 years below expectations for his age (Id.). His visual analysis and synthesis was approximately 1.5 years below age-expectation, and his non-verbal conceptual reasoning scored at 2.5 years below expectations (Id.). Other testing categories revealed results that placed MG significantly behind his peers: in the Academic Achievement category, MG's writing skills scored more than two grades below his current grade placement, in the extremely low range (first percentile); his performance on reading and spelling fell 1.5 years below expectations; and his math abilities fell in the extremely low to borderline range, more than two grades below his peers (between the third and 0.01 percentile) (R. 558-59). The test administrators found MG's (R. 559).
Drs. Greene and Nelson also found that MG's scores on "Other Cognitive and Performance Measures" indicated that his "performance actually was worse when he was tak[ing] his medication for attention" (R. 560). Without a dose of Concerta, "the chances were 84.6 out of 100 that [he] had a significant problem with attention," while with a dose of Concerta, "the chances were 99.90 out of 100 that [he] had a significant problem with attention" (Id.). Drs. Greene and Nelson found MG's results indicated "poor sustained attention and weak working memory and processing speed, in addition to his mother's and teacher's reports of inattention in both home and school environments" (R. 563).
On June 22, 2011, Dr. Ochoa examined MG and then summarized his findings in a letter addressed to Dr. Sherald Leonard (also a Rush doctor) (R. 513-14). In his letter, Dr. Ochoa memorialized Ms. Martin's worry that her son's medication was wearing off morequickly, lasting for only approximately nine hours (R. 513). Dr. Ochoa noted that teacher reports indicated that the medication was working well (Id.). MG's diagnosis at that time included ADHD, academic underachievement, and emotional symptoms (R. 514).
On September 30, 2011, Donna Hudspeth, Psy.D., completed a childhood disability determination relative to MG on behalf of the Disability Determination Services ("DDS") (R. 583-88). Dr. Hudspeth opined that MG had severe impairments, but that his impairments did not meet, medically equal, or functionally equal the Listings (R. 583). In particular, Dr. Hudspeth assessed MG with marked limitations with respect to attending and completing tasks; less than marked limitations with respect to acquiring and using information; less than marked limitations with respect to interacting and relating with others; and no limitations with respect to moving about and manipulating objects; caring for himself; and his health and physical well-being (R. 585-86). Dr. Hudspeth noted a history of non-compliance with MG's Concerta medication, as well as a medical history suggesting that MG's mother encouraged him to believe that people are bad and to fear the...
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